48.
—(1) Upon completing an investigation into any complaint or information, the investigator shall submit a report on the findings of the investigation to the Complaints Committee for its deliberation.
(2) The report referred to in subsection (1) shall include —
(a)
any written explanation given by the registered medical practitioner after receiving a notice under section 44(2);
(b)
any assessment report made under Division 3, if a performance or fitness assessment was undertaken; and
(c)
any recommendation on the necessity or otherwise of a formal inquiry by a Disciplinary Tribunal or Health Committee.
(3) No person shall disclose the contents of the investigation report or any information contained in any document which was obtained in the course of any investigation or inquiry commenced under this Part to any other person, including the registered medical practitioner, except where —
(a)
the Complaints Committee in its absolute discretion thinks otherwise; or
(b)
such disclosure is required for the purpose of administering and enforcing this Act or the Infectious Diseases Act (Cap. 137).
(4) The Complaints Committee may, in the course of its deliberations and before it reaches a decision, seek such legal advice as it thinks necessary.
(5) The registered medical practitioner concerned shall not have the right to be heard by the Complaints Committee, whether in person or by counsel, unless the Complaints Committee in its absolute discretion otherwise allows.
49.
—(1) After deliberation of the investigation report and any recommendation of an investigator made under section 48, and upon due inquiry into the complaint or information (including any information or evidence referred to in section 44(5)), a Complaints Committee shall, if it is of the view that no formal inquiry by a Disciplinary Tribunal or Health Committee is necessary —
(a)
issue a letter of advice to the registered medical practitioner;
(b)
issue a letter of warning to the registered medical practitioner;
(c)
order that the registered medical practitioner seek and undergo medical or psychiatric treatment or counselling;
(d)
order that the registered medical practitioner undertake and complete specified further education or training within a specified period;
(e)
order that the registered medical practitioner report on the status of the fitness of his physical or mental condition or on the status of his medical practice at such times, in such manner and to such persons as may be specified by the Complaints Committee;
(f)
order that the registered medical practitioner seek and take advice, in relation to the management of his medical practice, from such persons as may be specified by the Complaints Committee;
(g)
by agreement with the registered medical practitioner —
(i)
remove the name of the registered medical practitioner from the appropriate register;
(ii)
suspend the registration of the registered medical practitioner from the appropriate register for a period of not more than 3 years;
(iii)
where the registered medical practitioner is a fully registered medical practitioner in Part I of the Register of Medical Practitioners, remove his name from Part I of that Register and register him instead as a medical practitioner with conditional registration in Part II of that Register, and section 21(4) to (9) shall apply accordingly;
(iv)
where the registered medical practitioner is registered in any register other than Part I of the Register of Medical Practitioners, impose appropriate conditions or restrictions on his registration; or
(v)
suspend or cancel his practising certificate;
(h)
refer the matter for mediation between the registered medical practitioner and the complainant;
(i)
dismiss the complaint or matter; or
(j)
make such other order as it thinks fit.
(2) Where a Complaints Committee determines that a formal inquiry is necessary, it shall order —
(a)
that an inquiry be held by a Health Committee if the complaint, information or evidence touches on the physical or mental fitness of the registered medical practitioner to practise; or
(b)
that an inquiry be held by a Disciplinary Tribunal.
(3) Where a Complaints Committee has made an order under subsection (2) or (6) for a formal inquiry to be held by a Disciplinary Tribunal or Health Committee, the Medical Council shall appoint a Disciplinary Tribunal or Health Committee, as the case may be, which shall hear and investigate the complaint or matter.
(4) Where a Complaints Committee has decided to issue a letter of advice to the registered medical practitioner, the chairman of the Complaints Committee shall issue the letter of advice in such terms as it thinks fit.
(5) Where a Complaints Committee has referred the matter for mediation, section 43 shall apply with the necessary modifications, and references in section 43(4) and (5) to section 42(4)(b)(i) or (c) shall be read as references to section 49(1) or (2), respectively.
(6) Where a registered medical practitioner in respect of whom an order is made under subsection (1)(c), (d), (e) or (f) is found by a Complaints Committee (whether it is the Complaints Committee that made the order or another Complaints Committee appointed in its place) to have failed to comply with any of the requirements imposed on him, the Complaints Committee may, if it thinks fit, order that a formal inquiry be held by a Disciplinary Tribunal or Health Committee, as the case may be, in respect of the complaint, information or evidence.
(7) Where, in the course of an inquiry, a Complaints Committee receives any information touching on, or any evidence of, the conduct of the registered medical practitioner concerned which discloses an offence under any written law, the Complaints Committee shall record the information and report it to the Medical Council.
(8) Where the complainant withdraws his complaint before —
(a)
the complaint is referred to a Complaints Committee or Health Committee under this section; or
(b)
the conclusion of the inquiry into the complaint by a Complaints Committee, Disciplinary Tribunal or Health Committee,
the Medical Council may, notwithstanding such withdrawal, refer the complaint to or direct a Complaints Committee to continue the inquiry, as the case may be, and the chairman of the Complaints Panel, or the Complaints Committee, Disciplinary Tribunal or Health Committee, as the case may be, shall comply with such direction as if the complaint had been made by the Medical Council.
(9) A Complaints Committee shall notify the registered medical practitioner concerned and the person who made the complaint or referred the information under section 39(1) of its decision under subsection (1) or (2) and, if it makes an order under subsection (1), the reason for making the order.
(10) A registered medical practitioner who is aggrieved by any order of a Complaints Committee under subsection (1) may, within 30 days after being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.
(11) If the person who has made the complaint or referred any information to the Medical Council is dissatisfied with any order of a Complaints Committee under subsection (1), he may, within 30 days after being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.
(12) If the Medical Council is dissatisfied with any order of a Complaints Committee under subsection (1) in a case where a complaint is made or any matter or information is referred to the chairman of the Complaints Panel under section 37A(4), 39(3)(a) or 44(6)(b)(ii), the Medical Council may, within 30 days after being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.
(13) The Minister may, after considering the appeal, make —
(a)
an order affirming the determination of a Complaints Committee;
(b)
an order directing a Complaints Committee to immediately appoint one or more investigators for the purposes of carrying out an investigation under section 42(4)(c);
(c)
an order directing the Medical Council to —
(i)
immediately appoint a Disciplinary Tribunal to hear and investigate the complaint or matter; or
(ii)
order that an inquiry into such matter be held by a Health Committee; or
(d)
such other order as he thinks fit.
(14) Every Complaints Committee shall immediately report to the Medical Council its findings and the order or orders made.